HomeMy WebLinkAboutIT18-302 - Amendment - SHI International Corp. - Rapid7 - Vulnerability Management Purchase - 11/09/2020ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
o Director or Designee o Mayor
Date of Council Approval:
Budget? o Yes o No
Grant? o Yes o No
Type:Review/Signatures/RoutingDate Received by City Attorney:Comments:
Date Routed to the Mayor’s Office:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? o Yes o No*
*If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
o Yes o No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
Budget Account Number:
10/29/2020, OK to sign, TW
Pricing Proposal
Quotation #: 19532145
Created On: 10/8/2020
Valid Until: 11/28/2020
City of Kent Inside Account Manager
James Endicott
220 4Th Ave S
Kent, WA 98032
United States
Phone: (253) 856 4620
Fax:
Email:jendicott@kentwa.gov
Tyler Henderson
290 Davidson Ave
SomersetNJ, 08873
Phone: 732-529-2148
Fax:
Email:tyler_henderson@shi.com
All Prices are in US Dollar (USD)
Product Qty Your Price Total
1 InsightVM Subscription - Includes up to three consoles
Rapid7 - Part#: IVM
Contract Name: Omnia Partners - IT Solutions
Contract #: 2018011-02
1400 $14.93 $20,902.00
2 2 Day - Vulnerability Management Deployment QuickStart Setup and Analytics
Platform Overview Designed for InsightVM Clients
Rapid7 - Part#: PSIVMDEPQS
Contract Name: Omnia Partners - IT Solutions
Contract #: 2018011-02
1 $4,995.56 $4,995.56
Subtotal $25,897.56
*Tax $2,090.20
Total $27,987.76
*Tax is estimated. Invoice will include the full and final tax due.
Additional Comments
Rapid7 has a no returns policy.
Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations.
Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date listed
above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract
Number when submitting a Purchase Order. For any additional information including Hardware, Software and Services Contracts,
please contact an SHI Inside Sales Representative at (888) 744-4084. SHI International Corp. is 100% Minority Owned, Woman
Owned Business. TAX ID# 22-3009648; DUNS# 61-1429481; CCR# 61-243957G; CAGE 1HTF0
The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under
that applicable line item.
City of Kent Purchase Order
Order number must appear on all invoices, packages, etc.
Order #
Order Date:
160831 OP
10/22/2020
This document is hereby deemed a valid purchase order and authorizes the procurement of
the materials and/or services indicated. Please let us know immediately if you are unable to
ship the complete order.
Ordered by:Lynnette R Smith
Info Tech-Administration
Ship to: City of Kent
Information Technology
400 West Gowe Street
Suite 122
Kent, WA 98032
Bill to: City of Kent
Accounts Payable
220 4th Avenue South
Kent, WA 98032
Phone: (253) 856-5230
Vendor: 1629084
SHI International Corp
290 Davidson Ave
Somerset, NJ 08873
Payment Terms: Net 30
Line Item #Description Quantity Unit Cost Ext. Cost Sales Tax Total Cost
1 InsightVMSubscription-Part#IVM | Term:11/09/2020-11/19/2021 20,902.00 2,090.20 22,992.20
2 2 Day-Vul Mgmt Prof Svcs | Part#PSIVMDEPQS 4,995.56 4,995.56
3 Contract:Omnia Partners--- | IT Solultions
4 Contract# 2018011-02 (NIPA)
Approved by: Carrington, Michael Charles
Mayor's Signature: ________________________________________
(Required for contracts over $20,000)
Subtotal:25,897.56
Sales Tax:2,090.20
Total:27,987.76
Agenda Item:Consent Calendar – 8E_
TO:City Council
DATE:July 3, 2018
SUBJECT:Backup and Recovery System Contract for Technical System Upgrade –
Authorize
SUMMARY: The City wishes to enter into an agreement with SHI International Corp.,
which allows the City to participate in a national purchasing cooperative contract that
SHI International Corporation has with the National Intergovernmental Purchasing
Alliance Company (“National IPA”). National IPA provides states, local governments,
public educational entities and other agencies with purchasing power that allows them
to leverage their spending through a single solicitation that obtains best value pricing
and superior contract terms than the agencies could likely do on their own. Purchasing
goods and services through the National IPA purchasing cooperative satisfies the
competitive bid requirements established by Council under KCC 3.70.110(F). One
contract that SHI International Corp. has entered into is a contract with the City of Mesa,
AZ. That contract is currently in effect through February 28, 2023.
The City’s current backup and disaster recovery system is at the end of its hardware
lifecycle and is quickly approaching maximum storage capacity. It is critical for this
system to be replaced by an upgraded solution of the same manufacturer to maintain
technical consistency and business continuity. SHI International Corp. is a value-added
reseller of information technology solutions including Commvault systems.Commvault
provides industry leading solutions that will enable the City of Kent to protect and use
its data. Commvault solutions provide built-in business continuity and disaster recovery
for information governance and compliance ensuring transparency. This procurement
will include a fully configured hardware appliance with proprietary and dedicated
software.
If Council authorizes and approves the City’s participation in this cooperative
purchasing agreement with SHI International Corp., that action would authorize the
City’s immediate purchase of a new backup and disaster recovery system in the total
amount of $223,329.44, plus authorize future purchases that may be required through
the term of the master agreement, but only if those purchases can be paid for with
existing budgeted funds. The terms and conditions of the participating addendum and
master agreement will apply to those purchases.
MOTION: Authorize the Mayor to sign a participating addendum that allows
the City to purchase technology software and equipment through a
cooperative purchasing agreement the City of Mesa, Arizona entered into
with SHI International Corp., if those purchases are within the City’s
established budgets and made during the term of the master agreement,
which is current through February 28, 2023, subject to final terms and
conditions acceptable to the Information Technology Director and City
Attorney.
EXHIBITS:
x Participating Addendum to National IPA Contract #2018011-02 with SHI
International Corp.
x Master Agreement
x Insurance Requirements
x Product Matrix
x Quote
RECOMMENDED BY: Operations Committee
YEA: Boyce, Higgins, Thomas NAY:
BUDGET IMPACTS:
1. Expenditures
Item Price
Commvault Hyperscale Appliance $203,026.76
Tax $20,302.68
Total $223,329.44
STRATEGIC PLAN GOAL(S):
܈ Innovative Government – Delivering outstanding customer service, developing leaders, and fostering innovation.
܈ Evolving Infrastructure – Connecting people and places through strategic investments in physical and technological infrastructure.
KENT
PARTICIPATING ADDENDUM TO NATIONAL IPA CONTRACT #2O18O11.O2
WITH SHI INTERNATIONAL CORP.
This Participating Addendum ("Addendum") pertains to National Intergovernmental
Purchasing Alliance Company ("National IPA") Contract #2018011-02 ("Master
Agreement"), entered into between the City of Mesa, Arizona, as lead agency, and SHI
International Corp., a Delaware corporation ("Contractor"). The parties to this Addendum
hereby create a separate contract between the Contractor and the City of Kent, a
Washington municipal corporation ("City"), acting through its Information Technology
Department.
I. RECITALS
1.1 The Contractor
solution products, including
current interest in acquiring
sells and markets a wide
hardware, software, and
resale services
variety of information technology
support solutions. The City has a
hrough Contractor,
but desires to establish a contractual relationship that will allow the City to make
additional purchases in the future as needs arise.
L.2 The City of Mesa, Arizona, pursuant to its agency's competitive bidding laws,
entered into a contract with Contractor as the lead agency for a cooperative purchasing
procurement for National IPA under Contract #2018011-02. Section 3.70.110 of the Kent
City Code authorizes the City of Kent to purchase from a contractor who was awarded a
contract using another public agency's established procurement process for substantially
the same purchase, subject to any contract that may be required between that successful
contractor and the City of Kent.
1.3 For those agencies who choose to participate in National IPA's cooperative
purchasing contracts, the terms and conditions of the lead agency's contract applies, but
any usage by other agencies must be in accordance with the statutes, codes, and
ordinances of their respective agencies. The lead agency's contract includes provisions
specific to Arizona state law that do not apply to Kent, which need to be excluded from
the contract as it applies to Kent.
II. ADDENDUM
In consideration of the mutual intent, desire, and promises of the parties and other good
and valuable consideration, the City and the Contractor agree as follows:
2.L The recitals set forth above are incorporated by reference as a material part
of this Addendum.
2.2 Except to the extent amended by this Addendum, the City and Contractor
adopt the Master Agreement, which is attached and incorporated as Exhibit A, The City, as
a local public agency, will receive all the benefits of the Master Agreement, and Contractor
will be bound to the City under this Addendum to the same extent Contractor is bound to
the City of Mesa, Arizona under the MasterAgreement.
PARTICIPATING ADDENDUM - 1 OF 5
(City of Kent and SHI International Corp - June 4, 2018)
2.3. Master Agreement Controls Except as Amended by this Addendum, Except
as amended by this Addendum, this contractual relationship between the City and
Contractor will be governed in all respects by the terms and conditions of the Master
Agreement. However, the following provisions of the Master Agreement are specifically
eicluded from application, or they are amended as indicated below, as to the contractual
relationship between the City and Contractor as they are specific to the laws of the State
of Arizona and not the State of Washington:
A Exhibit C, Section 9,
Subsections (i) throug
section remains,
"Federal and State Immigration Laws":
v) are stricken, and only the introductory
B. Exhibit C, Section 9.e., "State Sponsors of Terrorism Prohibition": This
subsection is stricken in its entirety.
C. Exhibit C, Section 12, "Public Records": This entire section is deleted
and replaced with the following:
L2. PUBLIC RECORDS. As a public agency, records and
information provided to or otherwise used by the City may be
subject to a request submitted under the Washington State
Public Records Act, In such an event, Contractor agrees to
cooperate fully with the city in satisfying the city's duties and
obligations under the Public Records Act, Ch. 42.56 RCW. If a
request is received for records Contractor has identified as
confidential, proprietary, or protected trade secret material, the
City will use its best efforts to provide Grantee with notice of the
request in accordance with RCW 42,56.540 and a reasonable
time within which the Contractor may seek an injunction to
prohibit the City's disclosure of the requested record.
The City is not required to assert on Contractor's behalf any
exemption based on trade secret, proprietary, or confidential
information, provided, however, the City may assert such
exemption if the city itself believes in good faith that an
exemption applies to the requested records. Contractor agrees
to defend, indemnify, and hold the City, its officers, officials,
employees, agents, and volunteers harmless from any and all
claims, injuries, damages, losses or suits, including all legal
costs and attorney fees, arising out of the assertion of an
exemption to disclosure under the Public Records Act based
upon records claimed or identified by Contractor as confidential,
proprietary, or protected trade secret material. The provisions of
this section shall survive the expiration or termination of this
Franchise Agreement.
c,l
h(
PARTICIPATING ADDENDUM - 2 OF 5
(City of Kent and SHI International Corp - June 4, 2O1B)
Exhibit C, Section 20, "Termination for Conflict of Interest (A.R.S. g
3B-511)": This entire section is deleted in itsentirety.
Exhibit C, Section 30, "Prohibited Acts": This entire section is deleted
in its entirety.
Exhibit C, Section 41, "Governing Law, Forum": This entire section is
deleted in its entirety,
G. Exhibit C, Section 46, "A.R.S, Sections 1-501 and 1-502:" This entire
section is deleted in its entirety.
2.4. Master Agreement References to "City". Whenever any direct or indirect
reference is made to "City of Mesa" or "City" in the Master Agreement, that reference will
apply equally to the City of Kent as if the City of Kent had originally negotiated the Master
Agreement with Contractor, excepting that any fees paid to City of Mesa or National IPA
for use of the program shall not be paid to the City.
2.5 Term. This Addendum shall terminate or expire upon the earlier of: (a)
expiration or termination of the Master Agreement; or (b) termination of this Addendum in
accordancg with its terms or the terms of the Master Agreement. The Master Agreement is
currently effective through February 28, 2023. If the Master Agreement is renewed or
extended, this Addendum shall automatically renew or extend for a term consistent with
the term of the Master Agreement.
2.6. Resolution of Disputes and Governing Law. This Addendum and the Master
Agreement as applied between the parties will be governed by and construed in
accordance with the laws of the State of Washington. If the parties are unable to settle
any dispute, difference or claim arising from the pafties' peformance of this Addendum
and the Master Agreement, the exclusive means of resolving that dispute, difference or
claim, will only be by filing suit exclusively under the venue, rules and jurisdiction of the
King County Superior Court, King County, Washington, unless the parties agree in writing
PARTICIPATING ADDENDUM - 3 OF 5
(City of Kent and SHI International Corp - June 4, 2018)
D
E
F
to an alternative dispute resolution process. In any claim or lawsuit for damages arising
from the parties' pedormance of this Addendum, each party will pay all its legal costs and
attorney's fees incurred in defending or bringing such claim or lawsuit, including all
appeals, in addition to any other recovery or award provided by law; provided, however,
nothing in this paragraph will be construed to limit the City's right to indemnification
under Section 2.5 of this Addendum,
2.7. Written Notice. All communications regarding transactions under this
Addendum and the Master Agreement will be sent to the parties at the following
addresses, unless notified to the contrary. Any written notice will become effective three
(3) business days after the date of mailing by registered or certified mail, or one (1)
business day after being deposited with a nationally recognized overnight courier, and will
be deemed sufficiently given if sent to the addressee at the address stated in this
Addendum or such other address as may be hereafter specified in writing.
City:Contractor:
Attn: Brian Rambonga, PMBA
City of Kent
Dept, of Information Technology
220 Fourth Avenue South
Kent, WA 98032
Attn: Contracts
SHI International Corp.
290 Davidson Ave
Someset, NJ 08873
2.8. Counterparts and Signatures bv Fax or Email. This Addendum may be
executed in any number of counterparts, each of which will constitute an original, and all
of which will together constitute this one Addendum. This Addendum may be signed
through application of an authorized officer's signature, including an electronic signature,
which signature shall be deemed binding for all purposes without delivery of an original
signature being thereafter required.
2.I0 Requirements Contract. This Addendum does not guarantee the City's
utilization of the Master Agreement, or the purchase of any hardware, software, or service
through the Contractor until such time as a purchase order is issued to Contractor. This
Rddendum does not create an exclusive bargaining relationship between the parties and
the City may award contracts to other vendors for similar products or services. Actual
utilization will be based on availability, proximity of Contractor's facilities, frequency of
deliveries, or any other factor deemed important to the City,
//
//
//
//
//
PARTICIPATING ADDENDUM - 4 OF 5
(City of Kent and SHI International Corp - June 4, 2018)
2.tI Authority. The parties whose names appear below swear under penalty of
perjury that they are authorized to enter into this Addendum, which is binding on the
pafties of this Addendum.
IN WITNESS, the parties below have executed this Addendum, which will
become effective on the last date written below.
SHI INTERNATIONAL CORP
CONTRACTOR:
"l'lt rtt w fLj'"^-By
(tiile)
DATE .6t21t201A
Its Sr, Contract Specialist
Print Name
(signature)
Kristina Mann
CITY:
CITY OF KENT
7uy/DATE:
Its Mayor
(signa
nt Name
By
Pri
D AS TO FORM:
DepartmentK
PJciilFilsoFn F!6w7ltl:tuol$tAsH,cq-lroiliil+C(fuvrh\sln-N.riadPA.Pdi.iPting&dM.&
PARTICIPATING ADDENDUM - 5 OF 5
(City of Kent and SHI International Corp - June 4, 2018)